Loading...
HomeMy WebLinkAbout1998 07 01 Regular Item A CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708.2799 Telephone (407) 327.1800 Community Development II. A. DISCUSSION WITH BOB GUTHRIE ON THE DRAFT BYLAWSffiULESOFPROCEDURE Staff Report Bob Guthrie indicated he will attend the July 151 meeting with the Board to discuss the Rule of Procedure portion of the draft document. The accompanying draft includes the changes that the Board made at the June 17th meeting. CITY OF WINTER SPRINGS, FLORIDA LOCAL PLANNING AGENCY PLANNING AND ZONING BOARD BY -LAWS IN THE CONDUCT OF MEETINGS AND BUSINESS OF THE BOARDS PURPOSE AND INTENT It is the purpose and intent of these By-Laws to set forth a uniform set of rules of procedure whereby the City of Winter Springs Planning and Zoning BoardILocal Planning Agency may regulate the manner in which it elects officers, conducts meetings, and otherwise carries out its designated functions, The Planning & Zoning Board shall consist of five (5) members having designated seats one (I) through five (5) with such numbers corresponding with the City Commission seat. Each member shall be a citizen and registered voter of the City, The Planning & Zoning Board shall serve as the Local Planning Agency. It is further the intent of these By-Laws to serve as a guideline in the conduct of the business and affairs pertaining to the Planning & Zoning Board / Local Planning Agency. ARTICLE I GENERAL GOVERNING ORDINANCES, AND RULES STATUTES, The Planning and Zoning BoardILocal Planning Agency shall be governed by all of the following statutes, ordinances, and rules: 1.1. Applicable State Statutes and Local Ordinances and Rules. To the extent that they remain in force and effect, as they are amended, or as they may be added to, the board and its members and officers shall be governed by state statutes and local ordinances including the following: a. State statutes applying generally to public boards, members, and officials, including: '" ?s-'1-/L~ krJ" ~-<-:Y . ",w...r.......)- ~{,I......,s. ~ * * * * Article I, Section 24, Florida Constitution Chapter 112 F.S. "Public Officers and Employees" Chapter 119 F.S. "The Public Records Law" Chapter 286 F.S. "Government-in-the-Sunshine Law" b. State statutes relating to activities of Planning and Zoning Boards and Local Planning Agencies in relation to planning and zoning, including: * * 163.3174 F.S. "Local Planning Agency" Chapterl87 F.S. "State Comprehensive Plan" Chapter 163 Part II "Local Government Comprehensive Planning and Land Development Regulation Act" Chapter 166 "Municipal Home Rule Power Act * * c. Ordinances and rules of the City of Winter Springs generally affecting its local boards and officials, including: * * * * * Sec. 20-51 City Code "Zoning" Chapter 9 City Code "Land Development" Chapter 15 City Code "Planning" Chapter 16 City Code "Signs and Advertising" Chapter 8 City Code "Flood Damage Prevention" d. The Zoning Ordinance of the City of Winter Springs: * Chapter 20 City Code "Zoning" e. The Rules of the Board, as set forth herein. 1.2. Requirements for adherence with State Statutes and Local Ordinances ,md Rules Affecting the Board. Upon taking office, all members of the board should familiarize themselves with the foregoing, and, while in office, members should maintain such knowledge, including knowledge of amendments and additions, and shall be strictly governed thereby in the conduct of board affairs. 2 1.3. Rules of the Board to be Available to Public in Board Office. A certified official copy of rules of the Board, in current form, shall be available in the office of the board as a public record. Additional copies shall be provided to members of the board and made available to the public on request, but the official copy in the board's office shall govern. No amendment to these rules shall become effective until incorporated in the official copy. 1.4. Board Office. The office of the Board shall be at Winter Springs City Hall, 1126 East State Road 434, Winter Springs, FL 32708. The office hours are nonnally from 8:00 a.ill. to 5:00 p.m. weekdays, except legal holidays. ARTICLE II DUTIES The Planning and Zoning Board / Local Planning Agency shall, among other things, assimilate existing plans, programs, and policies; statistical and other factual data; recognized planning principles and standards; citizen needs, desires, attitudes and any other information deemed necessary to formulate and make recommendations on matters involving the Comprehensive Plan and Land Development Regulations. 2.1. The Planning and Zoning Board shall have the general responsibility to: 2.1.1. Act in an advisory capacity to the City Commission on questions relating to zoning; the boundaries of the various original zoning districts and appropriate regulations to be enforced therein; review and make recommendations on applications for amendments to the Zoning Ordinance to the City Commission. Said recommendations shall state whether or not said amendment is consistent with the adopted Comprehensive Plan or element or portion thereof. 3 2.1.2. Review and make recommendations to the City Commission on site plan, subdivision, PUD development proposals, annexations to the City Commission. 2.2. The Local Planning Agency (LPA) shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the LPA shall: 2.2.1. Be the agency primarily responsible for the preparation of the comprehensive plan or plan amendment and shall make recornmendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the City Commission, the LP A shall hold at least one public hearing, with public notice, on the proposed plan or plan amendment. The City Commission in cooperation with the LP A may designate any agency, committee, department, or person to prepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the City Commission shall be the responsibility of the LPA. 2.2.2. Monitor and oversee the effectiveness and status of the comprehensive plan and recommend to the City Commission such changes in the comprehensive plan as may from time to time be required, including preparation of the periodic reports (Evaluation and Appraisal Reports) required by 163.3191 F.S. 2.2.3. Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the City Commission as to the consistency of the proposal with the adopted comprehensive plan, or element or portion thereof. To conduct investigations on matters or proposals to change land development regulations. ARTICLE ill MEMBERS 3.1. Number of Members; Appointment; Qualifications; Terms; Compensation; Procedure for Removal; Procedure for Filling Vacancies; and Terms of Members Appointed to Fill Vacancies. 4 3.2 Number of members; Appointment; qualifications; terms; compensation; procedure for removal; procedure for filling vacancies; and terms of members appointed to fill vacancies shall be provided in: * * Sec. 20-52 Zoning Ordinance Sec. 20-53 Zoning Ordinance 3.3. Cause for Removal from Board. Causes for removal of members (i~i<~res) from the Board by the City Commission shall include malfeasance, misfeasance, or nonfeasance, as defined by law, generally, and in particular may include: a. Failure to attend three (3) meetings within any twelve (12) month period of time. b. Failure to disclose conflict of interest, as defined by either state law or the legal definitions including percentages. * Chapter 286 F.S. "Government-in-the-Sunshine Law". * Chapter 112 F.S. "Standards of Conduct for Public Officials" . 3.4. Resignations, Generally, and by Absence. When members propose to resign, if reasonably feasible, they shall give notice of their intent to the chairman or secretary, or make the date of resignation effective, in such a manner as to allow time for appointment of replacements. 3.5. Vacation of Office. When a member dies or resigns, the secretary shall promptly indicate to the City Commission that a vacancy exists. When a member '.:!) becomes incapacitated for office permanently or for what appears likely to be a protracted period, or moves from the jurisdiction, or becomes for any other reason no longer qualified for office, and fails to resign, the chairman shall cause any necessary investigation to be made and if appropriate shall declare the office vacant, and the secretary shall promptly indicate to the City Commission a vacancy exists. ARTICLE IV OFFICERS, COMMITTEES, STAFF, DUTIES 4.1. Regular Election of Chairman, Vice-Chairman; Provisions for Contingencies; Continuation of Service Until Successors Take Office. 4. I .1. Annually, as the first item on the agenda at the regular meeting of the Board in the month of August, the Board shall elect a chairman and vice-chairman. If such regular meeting is cancelled or a quorum is lacking, the election shall be held as soon thereafter at the next regular meeting provided that if no such election is held within 60 days of the date when generally required, the secretary shall notify the City Commission, which shall appoint a chairman and vice-chairman to serve until an election can be held. The prior chairman and acting chairman shall remain in office until their successors take office at the next regular or special meeting following their election or appointment. 4.1.2. If the chairman resigns his office or becomes no longer a member of the Board, the vice-chairman shall succeed him in office for the remainder of the term. If the vice-chairman resigns his office, becomes no longer a member of the Board, or succeeds to the chairman's office, a special election shall be held at the next regular meeting of the Board to select a vice-chairman to complete the term. Provided that if such regular meeting is one immediately preceding the regular election, the Board may permit the office of vice-chairman to remain vacant for the period, provided any duties to be performed by the vice-chairman in the intervening period can be performed in a satisfactory m,8 a 4.2. Duties of Chairman and Vice-Chairman; Appointment of Temporary Chairman to Preside at Meetings. 4.2. I . Presiding at Meetings. 4.2.1.1. If present and able, the chairman shall preside at all meetings, hearings, and workshops. If the chairman is absent or unable to preside, the vice-chairman shall preside. If both are absent or unable to preside, the members present shall appoint a temporary chairman to preside. 4.2.1.2. In accordance with these and other applicable rules, the presiding officer shall decide all points of procedure or order, unless otherwise directed by a majority of the members in attendance on motion duly made and passed. He shall maintain order and decorum, and to that end may order removal of disorderly or disruptive persons. He shall administer oaths to all witnesses, or arrange for such oaths to be administered. 4.2.2. Other Responsibilities and Duties of Chairman; Delegation to Vice-Chairman. The chairman shall have further duties and responsibilities, as indicated below. He may delegate specific duties generally to the vice-chairman or may authorize the vice-chairman to perform specific duties, during his absence from the jurisdiction or in case of his other disability to perform necessary Board functions in a timely manner. The vice-chairman shall perform all duties so delegated, and in case of absence or incapacity of the chairman shall perform any or all duties of the chairman whether or not delegated. 4.2.3. Managerial Responsibilities. Subject to these rules and further instructions from the Board, the chairman shall direct the official business of the Board, oversee the work of the secretary as it relates to the affairs of the Board, request needed assistance, confer with the City Manager on work ofthe staff. 7 4.2.4. Reporting to the Board; for the Board. The chairman shall report to the Board on all official transactions which have not otherwise come to the attention of the Board. The chairman shall also make or cause to be made any reports concerning the affairs of the Board required or requested by the City Commission. 4.3. Appointment of Secretary. 4.3.1. Appointment. The Secretary to the Board shall be appointed by the City Manager and shall be a member of the City staff. 4.3.2. Duties ofthe Secretary. The Secretary shall in general attend to all correspondence of the Board; send out or cause to be published all notices required; attend all meetings of the Board and all hearings (except when excused by the chairman of the Board and with temporary services arranged); compile all required records; maintain the necessary schedules, files; and generally perform all clerical work of the Board~~ 4.3.3. Minute Book; Minutes a Public Record. The Secretary shall maintain a minute book which shall be kept posted to date. In the minute book shall be recorded the Board's proceedings, showing attendance and all absences, and disqualification of members, the record of its examinations and all other official actions, and the vote of each member voting on every question. The minutes of the Board shall be a public record, kept in the office of the Staff member serving as Secretary to the Board. 4.3.4. The Secretary shall transmit to the City Commission in writing o I \~ the recommendations of the Planning and Zoning Board/Local Planning Agency. G 4.3.5. Notification of Expiration of Terms of Members; Vacancies. The secretary shall notify the board member sixty (60) days in advance of term expiration. At least sixty (60) days prior to expiration of terms of members, and as promptly as feasible where a member resigns with a deferred effective date or when a member's office is vacated, as provided at Section 2.4 of these rules, the Secretary sWali notify the City Commission that a vacancy exists and reifuest the appointment of a successor. 4.4. Staff to the Board. The Board shall have access to the information and staff of all the departments of the City government on such a basis as these departments are able to render assistance to the Board; provided, however, the Community Development Coordinator and Land Management Specialist shall serve as the primary professional staff of the Board. 4.5. Legal Counsel. The City Attorney should provide legal advice requested by the Board through the City Manager to the Board as to matters under its jurisdiction and may assist in interrogating witnesses. Advice of counse~be received and entered in the minutes before disposition of any question of law or matter requiring legal interpretation or advice. ARTICLE V CONDUCT OF BOARD MEMBERS, STAFF 5.1. Representation of Applicants. No member of the Board, or of its staff, shall represent applicants on matters on which the Board is to make determinations. co 5.2. Conflict ofInterest. Board members shall disclose any conflict of interest as defined by state law, and shall disclose any known or apparent conflict to the Board. Staff to the Board shall disclose any conflict of interest as defined by state law, and shall' disclose any known or apparent conflict to the Board. 5.3. Expressions of Bias, Prejudice, or Individual Opinion Prior to Hearing and Determination. (~ No member shall discuss the case with any other parties prior to the public hearing, or express any bias, prejudice, or individual opinion on proper judgement of the case prior to its hearing and determination. Violation ofthis rule may be grounds for dismissal from the Board. rb) Jl'\. ""'-/-k dc:r~ 0-\- -~......'t ~'f-p~ Q~NC-~O"-S \..: -l~' ~ -....Lo ~ f...:~.n;- N.a--.r'V; I ~ ~?....,r..{ Nl__, ',<<-..:::1 <;;;Wr .....u~. ~--,., ~'-f'I-'- -...)..,\t\.---Z. ~ 1V-'"'<l..N;f S S '-'--<C-I <;; ""'--tA ~0 5.4. Members Not to Vote Unless Present at Public Hearing. ~ ~ ~ r J7. No Board member shall vote on any matter, deciding an (or a continued) application or appeal, except after attending the public hearing on the (or continued) application or appeal or upon ~ ""- .[IVJ~ t~.pftheln~. o{-~ (~.A. r ARTICLE VI APPLICATIONS; FILING; TIME LIMITS; INFORMATION REQUIRED; EFFECTS OF FAILURE TO PROVIDE REQUIRED INFORMATION; ORDER AT HEARINGS; PUBLIC NOTICE; DECISIONS. 6.1. Powers of the Board; Limitations; Procedures, Generally. The Board shall have all and only such powers as are delegated to it by state enabling legislation and by the Zoning Ordinance and shall exercise such powers only in the manner, for the purposes, and in accordance with the procedures set forth therein. o 6.2. Filing Applications; Forms. All application forms shall be filed with the Community Development Department. In addition to information required to identify persons and property involved, date and time of filing, and the like, such forms shall make reference to other requirements of application indicated in Chapter 9 "Land Development". 6.3. Preliminary Determinations on Applications Submitted for Filing; Deficiencies in Information Supplied. When applications are submitted for filing, they shall be examined for completeness and accuracy, and particularly to determine whether all information necessary to make determinations has been supplied as per requirements of Chapter 9 "Land Development". Where information is lacking or inadequate at time of submission and the deficiency cannot be remedied immediately, the applicant shall be notified by City staff in writing as to the nature and extent of such deficiency and given a reasonable time to resubmit. 6.4. Time Limits on Public Hearings, Notice, Decisions. 6.4.1. Applications should be heard at public meetings within thirty (30) days of the date of review by the Development Review Cornmittee, and decided at the same meeting, at the next regular meeting of the Board, or at a special public meeting prior to such regular meeting, but in any event within ninety (90) days of the meeting at which the hearing on the particular case was concluded--tI'Lv...S ~ ~O<ir; ~~ ~ -"'9Q-W~' r-o--- tv "'''' ~ C--l"-~.Ji _ 6.4.2. Timing and manner of publication of public notice for such hearings shall be as provided in the Zoning Ordinance in Sec. 20- 59 City Code, Chapter 9 City Code, 9J-l1.003 F.A.C. as may be appropriate depending on the nature of the case. In addition, at least 10 days in advance of the hearing, written notice shall be given to parties in interest and to other persons required by the ordinance to be specially notified. g ARTICLE VII MEETINGS, HEARINGS, GENERALLY. 7.1. Regular Meetings. Regular meetings of the Board shall be held at 7:00 p.m. at the City Hall City Commission Chambers on the first Wednesday of the month; provided that such meeting may be held at any other convenient place and time if directed by the chairman within a reasonable time in advance of the meeting or upon a finding that such other location would serve public convenience or necessity. 7.2. Special Meetings. 7.2.1. 7.2.2. 7.2.3. Special meetings for any purpose may be held at the call of the chairman, or by three (3) members of the Board. At least forty- eight (48) hours written notice of the time and place of any special meeting shall be given by the Secretary except where written waivers of notice are filed by all members required to provide a quorum and in attendance at such meeting. Call of a special meeting at a specified time and place and for specified purposes at a regular meeting shall be notice thereof as to members in attendance at such regular meeting, but other members shall receive written notice thereof. If a special meeting is called on a case or cases subject to notice of hearing, the required notice provisions for the hearing shall be met. 7.3. Recess or Adjournment. Any regular or special meeting may be recessed or adjoumed from day to day, or to the time of any previously announced regular or special meeting, and such recess or adjournment to a time and place certain shall not require additional public notice. 12 7.4. Cancellation. If no business is scheduled before the Board, or if it is apparent that a quorum will not be available, any meeting may be cancelled by having the secretary give notice to all members before the time set for such meeting. 7.5. Quorum. A quorum of the Board shall consist of three (3) members. 7.6. Public Meetings of the Board; Notice; Other Activities of the Board; Schedule. 7.6.1. All meetings of the Board involving hearing of evidence and/or decisions of the Board shall be public, with reasonable notice as required by law. 7.6.2. Meetings for the conduct of other business of the Board, including trips for viewing premises, shall require formal public notice, and shall be scheduled at least seven (7) days in advance, with the schedule posted in the Lobby of City Hall and mailed to the Board. 7.7. Agenda, Order of Business. The City staff shall prepare an agenda and supporting materials for each Board meeting. Order of business shall be as follows: I. CALL TO ORDER Roll Call Pledge of Allegiance Approval of Minutes II. REGULAR AGENDA ITEMS III. UNFINISHED BUSINESS IV. FUTURE AGENDA ITEMS 13 V. ADJOURNMENT The Chairman, if there is no objection or with the concurrence of the Board, may consider items on or added to the agenda in any order for the convenience of the public or the Board. ARTICLE vm. PROCEDURES AT PUBLIC HEARINGS 8.1. Rules of Procedure. 8.1.1. The Rules of Procedure set forth below are applicable to the Board when serving in a Quasi-Judicial capacity concerning zoning/comprehensive plan related matters. For non-quasi- judicial matters, the rules of procedure for the conduct of meetings shall follow Robert's Rules of Order. 8.1.2. The definition of "Quasi-Judicial" and "zoning/comprehensive plan related matter" are found in Appendix "A" of this document 8.2. Conduct of Board Involving a Quasi-Judicial Proceeding. See Appendix "B" and Appendix "C" 8.3. Who May Appear or Be Represented. At the hearing, an~W'sp,~~ appear or be represented by authorized agents or attorneys.l Such agents or attorneys shall presentgnnpetertl~ s~tial eridenCe of~their authorization. 8.4. Witnesses to Testify Under Oath. ~:Y.,-/ All witnesses to material facts shall testify under oath, to be (P" y)' administered by the chair. Such oath administered shall state: Do you // ~ . swear or affirm to tell the truth, the whole truth, and nothing but the V 0/ truth? ,-?/J 8.5. Order for Presenting Evidence. tJ 1. The chair, or such persons as he/she may direct, describes the nature of the case, and evidence available to the Board is presented, including staff reports. 2. The applicant or authorized representative may outline the nature of the request prior to introducing evidence. The chair may restate the case if this initial statement needs clarification. 3. Applicant presents evidence. 4. Objectors cross-examine. 5. Board members examine witnesses for applicant's side. 6. Objectors present evidence. 7. Applicants cross-examine. 8. Board members examine witnesses for objector's side. 9. Rebuttal by applicant. 10. Rebuttal by objectors. 11. (k ~,J ~<A..-5i ~ vi,,\~ '-k ,(~--<:.:,,\A <:=or...!. ~c--'''->... "" . -.....-l~ N {'-<'/'-'v~ 1- ~~r"-'h<J"~~ ~ ,SS""--L E 'd ""~c.:>~~ ~ '-1k ~.;..o ,..........'-I-k-rjW..t(<..~,~ ". VI ence. 8.6. The Board shall not be bound by strict rules of evidence, not limited to consideration of such evidence as would be admissible in a court oflaw, but it may exclude irrelevant, immaterial, incompetent, or unduly repetitious testimony or evidence. The chair shall rule on all questions relating to the admissibility of evidence, but may be overruled by a majority ofthe Board members present. [See Appendix A and C] 8.7. Conduct During Hearings; Interrogations. During the hearing, each side shall proceed without interruption by the other. All arguments and pleading shall be addressed to the chair. There shall be no questioning or argument between individuals in the audience. The chair or Board members, counsel to the Board, or staff 3/ may direct any questions to the applicant, witnesses, or any person speaking from the audience, to bring out pertinent facts. The chair or Board members may call for pertinent facts from the staff, or make appropriate comments pertinent to the case. No Board member should debate or argue with persons in the audience. ARTICLE IX FINDINGS AND DECISIONS After conclusion of the hearing on the matter, within the time limits set by Section 5.4 of these Rules, the Board shall examine the evidence before it in relation to findings required and make its decision. More particularly: 9.1. Timing of Decisions. With due consideration to the length of the agenda, the nature of the case, the complexity ofthe evidence, and the findings required, the chair may elect, subject to being overruled by a majority of the Board in attendance on motion duly passed: a. To proceed immediately to determination and decision on conclusion ofthe hearing in the particular case, or b. To defer determination and decision until later In the same meeting, or c. To defer determination and decision( until a specified special or regular meeting of the Board withih~. ~l.by- theSe ~. 9.2. Findings and Decisions. All such decisions of the Board shall be made at a public meeting by motion made and seconded and by roll call vote. The motion shall be in the form of findings of fact and shall state the reasons for the findings by the Board. [See Appendix C] o f"\ 0 \~ ~"-' ARTICLE X NOTIFICATION OF DECISION ~~(.J ~l ~~ J.o Notice of the Board~ecision~bt: given to the applicant and to other interested parties who have requested such notice~.J3eard (.de~igrrated <i.~s soon as reasonably possible after the decision is reached, ~""f"...,..Jd\:t, ~twenty (20) days. I ARTICLE XI RECORDS OF CASES 11.1. Content of Records ofIndividual Cases. The decision of the Board shall be shown in the record of the case. Such record shall show the reasons for the determination, with a summary of the evidence introduced and)he ~gs.-ef-"{~ '8'" JacHn~))y J;lre}3mird. ~ ~ kd . 11.2. Records to be Entered in Minutes of the Board; Advance Distribution of Draft Minutes to Board Members; Approval; Authentication . . 11.3 Such record shall be entered in the minutes of the Board. A draft of proposed minutes contairy~uc~2r~ be transmitted to each Board membeJ;...<l'f:-jeastjiile.;f5J)1aYs in advance of the meeting at which they are to be considered for approval. Following approval, as submitted or as amended, the minutes shall be acknowledged as to accuracy by the signature of the chairman. ARTICLE XII REQUESTS TO APPLICATIONS; TO CONTINUE HEARINGS WITHDRAW DEFER OR 12.1. Withdrawal. On written request from the applicant, or authorized agent, an application may be withdrawn at any time before the Board makes its decision in the case. If such request is made less than 6 five days before the scheduled publication of the public notice, limitations on resubmittal of substantially the same application shall be the same as in the cases where applications are denied. 12.2. Deferrals and Continuances. On its own motion, or on approval of requests by applicants, or their authorized agents, the Board may defer the hearing of cases or provide for later continuance of cases on which hearings have begun. Such deferrals or continuances shall be permitted only for good cause, stated in the motion, and unless time and place is stated, shall require new public notice. ARTICLE XIII AMENDING OR WAIVING RULES These rules may be amended by a majority of the entire membership of the Board except where such amendment would be contrary to requirement or limitation set by state law or the Zoning Ordinance. An amendment may be proposed at any regular meeting of the Board, and shall not be acted upon until the following regular meeting. Notice of a proposed change to these rules shall be given by submitting the amendment to the Board at the previous meeting ofthe one at which it is to be considered. ARTICLE XIV UNADDRESSED CONTENT SITUATIONS AND For those situations and content that are not addressed by these rules, then the procedures and requirements of Robert's Rules of Order shall apply. 18 APPENDIX "A" DEFINITIONS APPLICATIONS - ARBITRARY AND CAPRICIOUS - means a standard used by courts to review appeals of land use decisions. If a decision is not supported by facts, it will be arbitrary and capricious. APPEARANCE OF FAIRNESS DOCTRINE - Actions which create a true or false impression that a local official is not being fair when making a land use decision. Examples of actions that may violate the appearance of fairness include umevealed ex-parte contact, personal or monetary interest in the outcome of a request, unfair hearings, pre-judgment and apparent hostility or favoritism toward a party. BOARD .. means the City of Winter Springs Planning and Zoning Board and Local Planning Agency. CASE - A zoning/comprehensive plan related matter involving a public hearing where the Board considers site-specific zoning changes, site-specific comprehensive ~ndments, and other site-specific development orders based on the B~dings. COMPETENT SUBSTANTIAL EVIDENCE - means sufficiently relevant and material evidence a reasonable mind would accept as adequate to support a conclusion. CROSS EXAMINATION - Asking questions of a witness who has previously testified for the other side. The questioning is done by one representing the opposing position. DIRECT EXAMINATION - Asking questions of a witness by someone advocating the same position. EX-PARTE CON ~~ts are those that happen outside the hearing between (.. an opponent or proponent of a land '0J ~~V' ~7 $v use proposal. ~ contacts may violate the Appearance of Fairness doctrine""r-.-l fI'.:>~<; "Y- l__.. (....I~. EX])ERT - means a person who is qualified in a subject matter by knowledge, skill, experience, training, or education. FINDINGS OF FACT & CONCLUSIONS OF LAW - Written sections of a formal decision that explain the basis for the decision. Findings of Fact are based on the facts presented at the hearing, and Conclusions of Law apply legal criteria to the facts presented. INTERESTED PARTY - means an individual, corporation, business or land trust, estate, trust, partnership, association, or other legal entity whose interest may be adversely affected by the Board's action. PERSONAL INTEREST - When q 10c~1 0 l'al has something tQ.~'n r ~~A. .' t.).p1.. t"J .:;c;.. ..:..- . lose by a land use decisiol1A Personal interes s may ln~e iand owners ip, employment opportunities, business competition, family relationships and fmancial interests. Inappropriate personal interests may disqualify one from participating in a decision. PROCEDURAL DUE PROCESS - The process used to reach a decision on a land use request. It includes everything that occurs from the time an application is filed until the final decision is made. SITE SPECIFIC .. means a zoning/comprehensive plan related matter which has an impact on a limited number of persons or property owners and include identifiable parties and interests. Specifically not included is comprehensive rezoning or comprehensive plan changes affecting a large portion of the public. QPASI-JUDICIAL PROCEEDING - A process where a decision maker mus1i1( ake a choice between competing positions and where the outcome will have a greater impact on one group of citizens than on the public generally. Quasi- dicial differs from legislative proceedings in that legislative procee ings impact the community as a whole. A local official may hear and decide both legislative and quasi-judicial matters. The-procedural re uir I. . nt.s;for)arfd ,use d~sion m~king iIJIPosetl...by j:he' cO.JJrl:s apply ,only ,...to-q]lasl-JuPiGlah1.latters. ~ CMlp('1 4^- -"-\(;c;J.~~f("'''-- p~/ C>J l-..A ~~. ( 1 .....A..,~,i r- --1v ""'-- 20 7~-+-'-- f-/'~ JC.- ~<V-' '7 ~ ~"-l;v---i A0 5"0 10'1 '14 t-i~ ~~.,. ..J-<:> \v..( 4~ Ip pi ") (; y,......j ot...- r-rD~S d1-- k.......c -cl ~ ~'--U ^- QUASI-JUDICIAL fttermined_by)he- e~nfial p.atute of the Board's actions. ---- ~ (a)+- The Board's actions are Quasi-Judicial BLoV'idir(g: . ~l\. d~.~-t.~dd' dh' 1. _an mtereste ~arty"lS proVI e nonce an eanng; ii. judgement of the Board IS contingent on the consideration of evidence made at a hearing; 111. the Board adjudicates private rights of a particular person after a hearing; and is iv. the Board's decision ..san::::-be- yiew~as policy application rather than policy setting. (b) Quasi-Judicial shall include public hearings where variances, special exceptions, site specific zoning changes, site-specific land use amendments or other site-specific development orders are considered. (c) Quasi-Judicial does not include comprehensive rezoning or comprehensive plan changes"affecting a large portion of the publi'4~a.l\1' &of \c:v-J ."I:'-"~ t.:>f~ /' RELEVANCY - refers to the nature of testimony and evidence offered during a public hearing on a specific application. If testimony or evidence doe.!; not directly apply to the decision at hand, it is irrelevant and should not be considered in making the decision. RIGHT TO BE HEARD - An element of procedural due process that allows every person an opportunity to present relevant written or oral testimony. RULES OF EVIDENCE - Refers to a large body of law that seeks to control what can be relied on to reach a decision and what cannot be relied on. The Rules of Evidence are relaxed in land use hearings, but are useful references in the event there is a dispute about the evidence presented. Q SUBSTANTIVE DUE PROCESS - Refers to the impact of the decision or regulation on an individual's property rights. It is violated by decision making that is arbitrary and capricious or irrational, or that does not serve a legitimate governmental purpose. (~ bj- l~ THE RECORD - All of the testimony, documents, written materials, displays and ot~er ite~s that are received by the de<j~i<L~~s d~3Jh~.. y....) k... course of public heanng. ~complet~and-under-Sramfmsle recordfis an ~~ ~, essential element of procedural due process. Failure to maintain}Ucli a record can invalidate a quasi-judicial proceeding. ZONING/COMPREHENSIVE PLAN RELATED MATTER.. means a public hearing where the Board considers site-specific zoning changes, site- specific comprehensive plan amendments, and other site-specific development orders",-tN.- 1",\J<JlJ,~ ~ ~flc' c,-U.:....... 4 paZ; ') . 8 ~.. s.?KCyt A IE N D I X "B" ~cI,)/:} oJ s-t J( ) d'~~~\\-{'/::1 CONDUCTOFTHEBOARD~Yy~~\~~~~ _______5?r?v::>~l~<S~ 1. EX-PARTE COMMUNICATIO]>(~ Ex-Parte cornmunications.YJ t/.? V';- are presumptively pr~judi~i~1 because~ey;:ar-e i,nherently iDJPfoperrand ~ '\ e~0> y-- ~e..~the~o,~sl-J~lclal pJ:.oceedlfigs,.-As-s~h:- \V}~i:-; a. All communications involving Board business must occur ~.,}\ ~j ~ '5i' at the public hearing. Outside the public hearing, Board members are ~....:.;y-./ prohibited from discussing Board business with all interested parties ~~:- J tJ-\'(~ and/or their representative, lobbyists, other Board members, or any other t>-\~ ~ ~ . third party. ,r-/, - Y I Q: /. i. In the event a Board member receives a written Ex- ~~. Parte communication, that Board member shall immediately submit the written communication to City staff so that it can be placed on file and any interested party can have an opportunity to review its contents. b. Board members may discuss Board business with City staff for the purpose of clarifying facts. However, Board members are prohibireo from discussing the merits of Board business with City staff. ai""-"'"""'::l'J IC. If a Board member knows or has reason to know that an individual or other entity may become an interested party at a future date, that Board member is prohibited from discussing Board business with that party and/or their representative, lobbyists other Board members, or any other third party. , ~--Jo k d. Board members are ~rohibited from polling other Board i'<-----6iW members to attempt in any way to arrive at a consensus of the members. 2. PERSONAL KNOWLEDGE: Board members may use their own personal knowledge in deciding a specific case before the Board. However, such personal knowledge should be recited in and made part of the record in a timely manner which provides ani opportunity for refutation by an interested party. @ 3. VOTING OF MEMBERS: Any Board member who was absent from a prior meeting in which a specific case was heard shall review the record ofthe prior proceeding and such review shall be acknowledged by the Board member on the record prior to taking a vote with respect thereto. 24 AfENDIX "C" EVIDENTIARY REQillREMENTS 1. BURDEN OF PROOF: The burden of proof in Quasi-Judicial hearings concerning zoning/comprehensive plan related matters shall be in accordance with all applicable local, state, and federal law. However, notwithstanding the foregoing, the burden of proof shall lie as follows: a. The initial burden is on the landowner to demonstrate that his petition or application for use of privately owned lands (rezoning, site plan approval, etc.) complies with the reasonable procedural requirements of the Zoning Ordinance and that the proposal is consistent with the Comprehensive Plan; b. Upon such showing by the landowner, the burden shifts to the Board to demonstrate that maintaining the existing zoning/land use classification ";'ilh~~~sp'ect to th~ Pf9perty accomplishes a legitimate public purpos~(rio(aroi~ry: di~~nminatoi-y, or unreasonable); '~...A d' _ , ""'""s:~ 'i-I- ~ ~<-l--.-<,,v...... P'--~---"- ~ ~t.. . - ..,-........ .>--.> . ~ &?c.t'..{ ,............i... .......l<-- ~\ .,....J. c.n-cA-\ lrM-V---- 't-4.. i'-'-lV..( -.k, s....y>~-L ,~ ' c. After such showing by the Board, the landowner's only Cl>0<--t--'\/ "-- ~ recourse is to assert and prove that the actions of the Board in denying -ip1<>J-- eN the petition or application are confiscatory and thereby constitutes a ~ """'- taking. 4'~ c.;M.:..... . 2. BASIS FOR BOARD DECISION MAKING: The Board is not required but encouraged to make findings of fact in a Quasi-Judicial proceeding involving a zoning/comprehensive plan related matter. However, the following shall be applicable in the Board's decision making process: a. All interested parties should be. given a full and fair opportunity to express their views. b. The Board must have before it competent substantial evidence to support its findings and judgment which also must be in accord with essential requirements oflocal, state, and federal law. ~ c. While the Board should hear the objections of interested parties, the Board's judgment must be based on the facts adduced, and not on the mere polling of interested parties. i. The function of a quasi-judicial board is to make a determination on the basis of facts adduced and upon relevant principles. gtberAtraTI cendU~ite mthe-nJ<ighOOrs. ~~~~~~ ii. The merits of an applicatiOly\gh~~tl. disgruntlement ;of !oud, vClciferous'object{)rs. 3. LAYMAN AND EXPERT WITNESSES: The following rules of evidence shall serve as a Board's guideline when determining how much weight should be afforded the testimony received in a Quasi- Judicial proceeding. a. General. The Board shall not consider the testimony of a witness unless: i. the witness has personal knowledge of the fact in which the witness will testify to, and ii. in the case of testimony consisting of opinions or inferences, the testimony is qualified under paragraph 3.b. or 3.c. b. Layman Witnesses. Testimony of a witness other than an expert witness is qualified under this paragraph (b) only if: i. the witness cannot readily, and with equal accuracy and adequacy, communicate what he perceived to the Board without testifying in the form of opinions or inferences; and ii. the opinions and inferences do not require a special knowledge, skill, experience or training. c. Expert Witnesses. Testimony of an expert witness IS qualified under this paragraph (c) only if the Board determines: p I. whether the subject matter is proper for expert testimony because scientific, technical, or other specialized skill will help the Board understand the evidence being presented, or help to establish a fact in issue; and ii. whether the witness IS adequately' qualified to express an opinion on the matter. d. Qualifying a Witness as an Expert. For purposes of paragraph (c) of this section, a witness is qualified as an expert witness only if the Board determines so in accordance with the following procedure: i. an interested party has the burden of requesting, and this request shall be made prior to proffering the testimony, the Board to make a determination the witness is an expert; ii. by majority vote, the Board will determine whether the witness satisfies the criteria in 3.c. supra; 111. if the Board determines the witness is qualified to testify as an expert, the witness will testify and be cross-examined for the record and the Board may give weight and consideration to the expert's OpInIOn. iv. if the Board determines that the witness does not qualify to testify as an expert, or if an interested party fails to request the Board to determine the qualifications of the expert in accordance with this paragraph, the witness may still testify and be cross-examined for the record, however, the Board shall not give any weight or consideration to the opinion of the witness. 4. QUALIFICATIONS OF CITY STAFF. City staff members testifying before a Board in a Quasi-Judicial proceeding must: a. state for the record their qualifications, or b. place on record a resume listing their qualifications. c. 27 I. whether the subject matter is proper for expert testimony because scientific, technical, or other specialized skill will help the Board understand the evidence being presented, or help to establish a fact in issue; and ii, whether the witness IS adequately qualified to express an opinion on the matter. d. QualifYing a Witness as an Expert For purposes of paragraph (c) of this section, a witness is qualified as an expert witness only if the Board determines so in accordance with the following procedure: i, an interested party has the burden of requesting, and this request shall be made prior to proffering the testimony, the Board to make a determination the witness is an expert; ii. by majority vote, the Board will determine whether the witness satisfies the criteria in 3.c. supra; III. if the Board determines the witness is qualified to testify as an expert, the witness will testify and be cross-examined for the record and the Board may give weight and consideration to the expert's oprnlOn. iv, if the Board determines that the witness does not qualifY to testify as an expert, or if an interested party fails to request the Board to determine the qualifications of the expert in accordance with . this paragraph, the witness may still testify and be cross-examined for the record, however, the Board shall not give any weight or consideration to the opinion of the witness. 4. QUALIFICATIONS OF CITY STAFF. City staff members testifying before a Board in a Quasi-Judicial proceeding must: a. state for the record their qualifications, or b. place on record a resume listing their qualifications. L.-1 \'cJ.-_VII ~~J '- 1\~.J"